senate Bill S5778

2009-2010 Legislative Session

Makes provisions regarding the siting of environmental facilities in minority communities or economically distressed areas

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to environmental conservation
Jun 04, 2009 referred to environmental conservation

Co-Sponsors

S5778 (ACTIVE) - Details

See Assembly Version of this Bill:
A4245
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยงยง1-0303, 8-0109 & 8-0113, En Con L
Versions Introduced in Other Legislative Sessions:
2011-2012: S6689, A2546
2013-2014: S692, A542
2015-2016: S3205, A1973
2017-2018: S2953, A7081
2019-2020: S5540, A6016
2021-2022: S1031, A2103

S5778 (ACTIVE) - Summary

Makes various provisions regulating the location of environmental facilities to insure equity of treatment for minority communities or economically distressed areas; requires environmental impact statements to state whether the siting of a facility will cause or increase a disproportionate burden on such areas.

S5778 (ACTIVE) - Sponsor Memo

S5778 (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5778

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 4, 2009
                               ___________

Introduced  by Sen. THOMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation  to  the
  location of environmental facilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent. The legislature finds and declares that
each community in the state should equitably share the responsibilities,
burdens, and benefits of managing and solving the state's  environmental
problems  and  the  facilities  necessary  to  accomplish such ends. The
legislature further declares that there has been an inequitable  pattern
in  the  siting of environmental facilities in minority and economically
distressed communities, which have borne a disproportionate and  inequi-
table  share  of  such  facilities.  Consistent  with  its commitment to
providing equal justice for its citizens, the state has a responsibility
to establish requirements for the consideration  of  such  decisions  by
state and local governments in order to insure equality of treatment for
all communities.
  S  2.  Section 1-0303 of the environmental conservation law is amended
by adding three new subdivisions 26, 27, and 28 to read as follows:
  26. "ECONOMICALLY DISTRESSED AREA" SHALL MEAN AN AREA CHARACTERIZED BY
A POVERTY RATE OF AT LEAST TWENTY PERCENT; OR AN UNEMPLOYMENT RATE OF AT
LEAST ONE HUNDRED TWENTY-FIVE  PERCENT  OF  THE  STATEWIDE  UNEMPLOYMENT
RATE.
  27.  "MINORITY  COMMUNITY"  SHALL MEAN ANY CENSUS TRACT OR SUBDIVISION
THEREOF THAT INCLUDES TWENTY-FIVE PERCENT OR MORE OF ANY ETHNIC GROUP.
  28. "ETHNIC GROUP" SHALL MEAN THOSE GROUPS  IDENTIFIED  IN  THE  DEFI-
NITION OF MINORITY GROUP MEMBER PURSUANT TO SUBDIVISION EIGHT OF SECTION
THREE HUNDRED TEN OF THE EXECUTIVE LAW.
  S 3. Subdivision 2 of section 8-0109 of the environmental conservation
law is amended by adding a new paragraph (h-1) to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07342-01-9

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